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HomeMy WebLinkAbout05-0091 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. OS' -- Cf, KEVIN GUTSHALL, vs. JILLIAN GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HlRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 .. II KEVIN GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS. NO. JILLIAN GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec1amados por el demandant. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA MEITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAREL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA KEVIN GUTSHALL, vs. NO. of- q/ JILLIAN GUTSHALL, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE CO AND NOW, this ~y of Kevin Gutshall, by his attorney, Jane M. I ander, Esquire, cause of action of which the following is a statement. 1. Plaintiff is Kevin Gutshall, 26 years of age, who currently resides at 4228 Carlisle Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania 17324. 2. Defendant is Jillian Gutshall, 23 years of age who currently resides at 4228 Carlisle Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania 17324. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 15, 2003 in Franklin County, Pennsylvania by a Minister. 5. There was one child born between the parties prior to the marriage: Jacob Eugene Gutshall, age 3, born November 8, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, costs and property division. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of , 2005, comes the Plaintiff, d files this Complaint upon a II the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT m 12. The allegations of Paragraph one (1) through eleven (11) are incorporated herein by reference and made a part hereof 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and whosesoever situate and for such further relief as the Court may deem equitable and just. .COUNT IV COMPLAINT FOR CUSTODY 15. The Plaintiff seeks primary physical custody and joint legal custody with reasonable visitation for the defendant of the following child, Jacob Eugene Gutshall, age 3, born November 8, 2001. 16. The child was born prior to this marriage. 17. The child is presently in the custody of Defendant. 18. The child has resided with the Plaintiff and Defendant since September 2002 at 4228 Carlisle Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania 17324 until the Defendant moved out on December 30, 2004 but continue to use that address for receipt of mail. 19. The relationship to the Plaintiff to the child is that of natural father. 20. The relationship of the Defendant to the child is that of natural mother. 21. The Plaintiff is seeking joint legal custody of the child and primary physical custody for purpose of visitation schedule. 22. The Plaintiff has not participated as a party or witness, or in any other capacity, in other lixiviation concerning the custody of this child in this or any other Court. 23. The Plaintiff has no information of a custody proceeding concerning the child pending in any other court within this Commonwealth. 24. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the child. 25. The best interest and permanent welfare of the child will be best served by granting the Plaintiff primary physical custody and joint legal custody with reasonable visitation scheduled to the Defendant. WHEREFORE, the Plaintiff requests your Honorable Court to grant him primary physical custody and joint legal custody of the subject child with reasonable rights of visitation to the Defendant and that the Defendant shall not remove the child from the jurisdiction of the Pennsylvania Courts. Respectfully submitted, _J?~~~ a'1e . Alexander, squire ALorney for Plain. ff I.D. No. 07355 178 South Baltimore Street --Dillsburg, P A 17019 (717) 432-4514 II I Verification I verifY that the statements made in this Complaint in Divorce and Petition for custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /2-----,.~/// ~- ?~~.-z/r Kevin Gutshall f/~S DATE: COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Kevin Gutshall who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. 2::'~ ~ ~-/' ~:,/ , .~ ,~,/ ,. /--- ." ..~ ~/0 , KeVIn Gutshall Sworn to and subscribed befofe me this 3 fi-D day of.JfkA~ , 2005. ~ . : Notary Public ~ ...... .. IfIhIM B. Atellldlr. ~ NIle ... r. ... ....-0IilII.II!J . MyO_: . , ....2S;~ , - 'Memb8r.~UI'I~,~ ~! _t::;.0 ~ rJ. ....N ' U'; ~ o ~ !1t , \ -- '^ d ...-.....,-...... :tl,t '''.: I .-k...;.~~..:"",.,.~,tr. . "~.:;~~t5:~~<. ;~':, ";,. ,. ," ""-;.";." ' -'T_; ;;~-: r-;'l; ,.., -'-..-' :.": - '1 j-, ~~, :2 ...... -( '".w....",,""" l .' J n C'- ~ /'-...) = c::::> <:J'l ~ Z I 0'1 o ,-1 -I 'I fll~ -c7m ~;-)n Or' ~~ :r.j :)7 .-< ::::~ -"" 9? c.n KEVIN GUTSHALL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-91 CIVIL ACTION LAW JlLLlAN GUTSHALL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Jauuary 11,2005 , upon consideration of the attached Complaint. it is hereby directed that parties and their respective counsel appear before ,Jacqueliue M. Vemey, Esq. ,the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Thursday, February 10.2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders {o the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Tacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF[CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford SD:eet Carlisle, Pennsylvania 170 [3 Telephone (717) 249-3166 . vr ~ ~ ~ l'''''wr A4; /" ell .;ff :/ ~- ffl.(, /"&/ ~ &? / ",.-.I.:tp Pi' ft ff/ (:7 .71 ..tv'l..' ; '? I ''''r c'" " ",., ':'1'" ,,'~ ;1\. \.u~ -- II KEVIN GUTSHALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff VS. NO. 2005-00091 CIVIL TERM JILLIAN GUTSHALL, CNIlL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this 3~:y of $ /l~ 2005 personally appeared Jane M. Alexander, Esquire who swears according to law, th a true and correct copy ofa COMPLAINT IN DIVORCE was caused to be served by certified mail with return receipt requested upon the said, Jillian Gutshall 4228 Carlisle Road Gardners, P A 17324 on January 14. 2005 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof Sworn and subscribed before me this 3 IY2 day of k6~Y ,2005. I J e M. Alexander EsquirJl' ttorney J.D. #07355 48 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 N4llanat Seal i ~B." ....\IkJI!1i'l'PIIbIk j My~~~2.<~~_ ......f'b.....:UIit_lllllltlb,..JlNolllre II " KEVIN GUTSHALL, IN TJflE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff VS. NO. 2:005-00091 CIVIL TERM JILLIAN GUTSHALL, CIVIL ACTION - LAW IN DIVORCE Defendant PROOF OF SERVICE <0 .Jl co <0 ;r lJ1 rn .Jl - - -~-- U.S. Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance C verage Provided) Postage $ rn CO CO CJ Return Aecrept Fee (Ern:IoraementA9Quirecj) o Restricted Delivery Fee Ul (~orseme(\t Requtred) r'- CO Certlfled fee $3.50 ToI.,,,,,,,..,,.&F... $ $8.15 ;r g ntTo J"j(l\(\\1 G,.t~l-tal{ r'- ilim.CAPCNO';........................................................................ ",POBoxNo. 4ZZ.l? 6trll>(e. Mlil'l CitY;.SiB;.;:Z1P+4.G;.;d'~~;;..rA...(13i:t:........h.................... . Complete .items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your 'name and address on the reverse so that we can return the card 10 you. . Attach this card to the back of the mailpiece, or on the front if space pennits. 1. Article Addressed to: x 0, Is different from item 1? If YES, enter d Ivery address below: Ji\\itlVt ~h~1I 4'2.7.$ (fir\i':>k ~J. GftrJ./fttfJ. PA /1"32-4- I ~ 3. Service Type p(certlfied Mall 0 Express Mail o Registered 0 Return Receipt for Merch8nctiIe o InsurEM:I Mail 0 C,O.D. 4. A_dDellYery'1IS<lraF80j !t- 7004 0750 0003 6354 8068 2. Article Number (Copy from SE!rvjce label) ;iIi PS Form 3811, July 1999 Domestic Return Receipt 102.595-oo-tIo-Q952 ".',1 ,..-<\.-"\ \ 0') f)' _.r', " - ---- I'y KEVIN GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-91 CIVIL TERM JILLlAN GUTSHALL, Defendant : CIVIL ACTION - LAW : IN CUSTODY TEMPORARY ORDER OF CO.lliIT AND NOW, this ~ day of Fe!'- b , 2005, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin Gutshall, and the Mother, Jillian Gutshall, shall have shared legal custody of Jacob Eugene Gutshall, born November 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well.being including, but not limited to, all decisions regarding his health, education and religion. 2. The parties shall share physical custody on a week on/week off basis. The exchange day shall be Fridays at times agreed by the parties. During the custodial parent's week of physical custody, the non-custodial parent shall have physical custody of the child Tuesday overnight. The child shall be returned to the custodial parent's babysitter on Wednesday morning. In the event that Mother's work schedule is such that it will interfere with her weekend period of custody, Father shall switch weekends with Mother from Friday to Sunday at times agreed by the parties. 3. In the event that either parent is in need of a babysitter for more than three hours, they shall contact the non-custodial parent and offer said opportunity to the non- custodial parent. Notice shall been made as soon as the custodial parent is aware ofthe need for babysitting. 4. Custody exchanges shall occur at the child's day care when possible. Transportation shall be shared. The receiving parent shall transport except on Wednesday morning, as noted in paragraph 2 above. 5. The parties shall cooperate in a custody evaluation to be paid for by Father by an evaluator agreed to by the parties. Once the evaluator is selected, Father must arrange for payment of the retainer within one week. -. c.') . (") - 6. The parties shall schedule participation in a seminar for separating parents at InnerWorks or a program similar to the one conducted by Dauphin County within thirty days of this Order. 7. The parties shall share the Easter holiday, with Mother having custody from 9:00 a.m. to 3:00 p.m. and Father having custody from 3:00 p.m. to 9:00 p.m. 8. Mother shall have custody ofthe child on Mother's Day and Father shall have custody of the child on Father's Day. 9. The parties shall notify the other immediately ofmedicaJ emergencies that arise while the child is in that parent's care. 10. Neither party shall do or say anything or pennit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. II. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another conciliation conference once the custody evaluation has been received. BYTHE C~q 0 if I cc~ Alexander, Esquire, Counsel for Father /"eanne Costopoulos, Esquire, Counsel for Mother -J~ ~S Of}-\V V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2005-91 CIVIL TERM KEVIN GUTSHALL, Plaintiff JILLIAN GUTSHALL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMAUY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob Eugene Gutshall November 8. 2001 shared 2. A Conciliation Conference was held in this matter on February 10,2005, with the following individuals in attendance: The Father, Kevin Gutshall, with his counsel, Jane Alexander, Esquire, and Mother, Jillian Gutshall, with her counsel, Jeanne Costopoulos, Esquire. 3. Although Mother did not agree to the shared physical custody provisions of the recommended Order, she was willing to abide by them pending the results of a custody evaluation. 4. The Conciliator recommends an Order in the form as attached. ~-/D-O~ Date ~.MV acq ine M. Verney, ESq~ Custody Conciliator MAR 2 3 2005 prJ KEVIN GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA V. : CIVIL ACTION - LAW JILLIAN GUTSHALL, Defendant : NO. 2005-91 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this -, dlJ day of U f ? ) e-l ,2005, upon consideration of the attac~odY Conciliation Report, it is ordered and dire ted as follows: 1. A Hearing is scheduled in Court Room No. I , ofthe Cumb rland County Court House, on the..,?qM day of 9tI~ ,2005, at /3 o'clock,.fL. M., at which time testimony wrtl be taken. For purposes of this He ring, the Father shall be deemed to be the moving party and shall proceed initially wit testimony. Counsel for each party shall file with the Court and opposing counse a Memorandum setting forth each party's position on custody, a list of witnesses ho will be expected to testify at the Hearing and a summary ofthe anticipated testimony f each witness. These Memoranda shall be filed at least ten days prior to the Hearing d te. 2. Pending further Order of Court or agreement of the parties, the Te Order of Court dated February 14,2005 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the a sence of mutual consent, the terms of this Order shall control. BY THE COURT, cc:tMlle Alexander, Esquire, counsel for Father J6lnne Costopoulos, Esquire, counsel for Mothef-, ~ (t!thryYJ~ \! ~~S ? 5IJKj ()~ vW ;;P-:b :::> O~ . J. -,..' c;~, ....:~ 'f-- ~~~t.. '/;~.-:-''-: C:)l;,., ) '\(~ 1V~~~ P ~J~ o c<> c<> ,~ --. ...... C.- 0' :;.'~ cC: .~ .- ~ ~ -c. ':Z:'J 4- .-~-) :=.t:~ -\-:~~\ .); -';--~ \~~k- 7. ~-:I o ------ .......----- . KEVIN GUTSHALL, Plaintiff MAR 2 3 2005~ : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA V. : CIVIL ACTION - LAW JILLIAN GUTSHALL, Defendant : NO. 2005-91 CIVIL TERM : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF IVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the foil mg report: 1. The pertinent information concerning the Child who is the subjec of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY I Jacob Eugene Gutshall November 8, 2001 shared 2. A telephone Conciliation Conference was held on March 22, 200 with the following individuals by telephone: Jeanne B. Costopoulos, Esquire, counsel or Jillian Gutshall, Mother, and Jane Alexander, Esquire, counsel for Kevin Gutshal , Father. 3. The Honorable 1. Wesley Oler, Jr. previously entered a Temporar Order of Court on February 14,2005 providing for shared legal and shared physical cus ody on a week on/week off basis. Mother agreed to the Temporary Order of Court based on Father's assurance that he would pay for a custody evaluation. Father has now determined that he cannot afford a custody evaluation. 4. Father's position on custody is as follows: Father seeks shared leg I and primary physical custody but would accept shared physical custody. Father sugg sted a custody evaluation at the original conference and agreed to pay for it. However hen he learned of the actual cost, he decided he could not afford the cost. 5. Mother's position on custody is as follows: Mother seeks shared Ie al custody and primary physical custody with Father having an alternating weekend schedule. Mother has concerns about the condition of Father's house and the safe y of his automobile. Mother only agreed to the shared physical custody pending a c stody evaluation. 6. The Conciliator recommends an Order in the form as attached sc eduling a Hearing and maintaining the current Temporary Order of Court. It is expecte that the Hearing will require one day. 3~;2,.~-D~ Date Cl 1!~ ;i 1 , {/t~ cq ine M. Verney, Esquire Custody Conciliator KEVIN GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JILLIAN GUTSHALL, Defendant NO. 05-0091 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of June, 2005, upon consideration of Plaintiffs complaint for custody with respect to the parties' child, Jacob Eugene Gutshall (d.o.b. . November 8, 2001), and following a hearing held on June 23, 2005, and based upon the court's belief as to the best interest of the child, it is ordered and directed as follows: 1. The custodial terms of the order of court dated February 14, 2005, shall remain in full force and effect except as follows: a. On Christmas Day, the non-custodial parent shall have custody of the child from 2:00 p.m. until 8:00 p.m. b. On Thanksgiving Day, the non-custodial parent shall have custody of the child from 2:00 p.m. until 8:00 p.m. 2. Nothing herein is intended to preclude the parties from varying the terms of this order by mutual agreement. BY THE COURT, Jane M. Alexander, Esq. 148 S. Baltimore Street Dillsburg, PA 17019 Attorney for Plaintiff \ J. J. ; Jeanne B. Costopoulos, Esq. 500 Ritter Road Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant ~ (,-jL{~( Jk :rc ,UJ!n'o . . ::;-:",rn:J L ~ : I Hd 12 nil!' SUOZ ABVJ.O;\U>U.Udd 3Hl dO :IJI::!:'C'C!3ll:l KEVIN GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v 2005-91 CIVIL TERM CIVIL ACTION - LAW JILLIAN GUTSHALL, Defendant CUSTODY IN RE: COMPLAINT FOR CUSTODY ORDER OF COURT AND NOW, this 23rd day of June, 2005, upon consideration of Plaintiff's complaint for custody with respect to the parties' child, Jacob Eugene Gutshall, (date of birth, November 8, 2001), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, J. eele!o"leK{?fl Jane M. Alexander, Esquire 148 South Baltimore Street P.O. Box 421 Dillsburg, PA 17019 For the Plaintiff , ~ /~ t....J1-0j C)-~- Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 For the Defendant :mae ~. !:.\ ---, uJ;-- c2C'; L)-- ' ,(,.i;0~:: -' " .. beL uJW- -;::-'~l-~,l '"-:;r: ..... L!- a ..::t ,~ N "":,- ci: r- N -~",,,, ~ ,.0 C? = c.... CI !>II" .' II KEVIN GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A. vs. NO. 05-91 JILLIAN GUTSHALL, Defendant CIVIL ACTION-LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 ] (c) of the Divorce Code was filed on January 6, 2005. 2. The marriage of Plaintiff and Defendant is im~trievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I vprify that thp stMements made in the A tlidavit are true and correct. J understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7 ht'l () 5 I . ?~~ Kevin Gutshall i (> ~:; ., ..,.,. , ..,.-..." r-' ,~ c:;:::> c..n ~ 'r-:::" <. ~.-/ ~'\ ::c. 1''' crt n '1'1 -', f~~l~::~ -:B\~3 ::.J,<~ ~\ "',' r .~~~~ '" -! ~ co .s:: II KEVIN GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA. VS. NO. 05-91 JILLlAN GUTSHALL, Defendant CIVIL ACTION-LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 6,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit are true and correct. I understand that false statements h"rein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: .. ~ttMtV 4M",mJ1 . C? ~~- .....' c:;;;) ~l <-...: C_." {"- ,,' CP -0 ') ~\ :C.." .. '1<:.- n h-.: ":9\'J ."'; "'-" ;.;~~:,; -c~ _,-, ~1::;\ -:- ---- ':'? -~~ o ,:;;-' lIT II I! KEVIN GUTSHALL. Plaintiff IN THE COURT OF COMMON PLEAS OF ClTMBERLAND COUNTY, PA. vs. NO. 05-91 .J1T~LIAN GUTSHALl" Defendant CIVIL ACTION-LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. J understand that T may lose rights concerning alimony, division of property. lawyer's fees or expen~es if 1 do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this affidavit, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7/(}to Jo5 I I .:---' .~~? . /-;>--- Kevin Gutshall /? . ~. //.~ .-' ~) <:..r' '-' c~;'_ r 1''' Cf' t.~~- -:::, ~'- n ~ q,,,, I"\"\f::'-.. ---\)\;""', .:,~~~~~\~, . ',~ ...,-~ :;;':~~~~ "() , -c:; -;;::. '" .' -"" ~.)../ .-~- c:::> ;;; lY II KEVIN GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. vs. NO. 05-91 JILLIAN GUTSHALL, Defendant CIVIL ACTION-LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(0 OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. 1 understand that 1 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . 1 verify that the statements made in this affidavit, are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: r:-~ ~~, C. ,,"\'\ -:::> ,,- (\~f:':' ...-nt;''..\ -':;'--( <..." ;:=::: ~? la" '::"\';:'.'.::, ..) ~r"") :{~t'-t r..J .- c.? .t~:" .:p :-<.. . . ., KEVIN GUTSHALL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VS. NO. 2005-91 JILLIAN GUTSHALL, DEFENDANT CIVIL ACTION - LAW IN DIVORCE AND CUSTODY MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this. ~f , 2005, by and ship, Cumberland County, Pennsylvania 17324 (hereinafter referred to as "HUSBAND") and Jillian Gutshall of 741 Lewisberrv Road. Lewisberrv. York Countv. Pennsvlvania 17339 (hereinafter referred to ~ ~. ~.. , as "WIFE".) WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on March 15,2003, in Franklin County, Pennsylvania. HUSBAND instituted an action in divorce to No. 2005-911n the Court of Common Plea~ of Cumberland COl~nty, Pennsylv3.ni~ on January 6, 2005. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce and to the custody and support of the child born to them prior to marriage: Jacob Eugene Gutshall, age 3, born November 8, 2001. Another child, Tyler William Gutshall was born May 7, 2005 after the parties separated. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration.. receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The terms of this Agreement and their effect have been fully explained to the HUSBAND by his counsel, Jane M. Alexander. Esquire. WIFE has been advised of her rights and has been represented by Jeanne B. Costopoulos, Esquire. The parties acknowledge that they have received independent legal advice from counsel of their choice and have been fully informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or ex~hange of assets. and the division is heing affected withont the introduction of outside funds or other property not constituting a part of the marital estate. 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment. profession. business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter J acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards. and bank liabilities except as hereinafter set forth: 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. A) HUSBAND shall be responsible for payment of the balance due on Visa Account No. 4121449998043777. 6.2) The WIFE shall assume all liability for and pay and indemnify the HUSBAND against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. A) WIFE shall be responsible for payment of the balance due on Visa Account No. 8601161832. 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE. with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were not married. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: A) Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. 7.2) Vehicles: A) HUSBAND shall retain possession, title and sole ownership of the following vehicles: 1985 Volkswagen Golf, 1977 Ford FI 50 truck, and 1985 Mercury Capri and shall be responsible for any debt thereon. B) WIFE shall retain possession, title and sole ownership of the following vehicle: 2003 Ford Focus ZX5, which was titled in her name alone, shall be responsible for any debt thereon. Should there be a default in payment WIFE shall hold HUSBAND harmless from and against any all debts, charges, and liabilities in regard to that debt. 7.3) Household Furnishings: The parties have divided the household furnishings to their mutual satisfaction. 7.4) Pensions, Stock Options, Retirement Funds, lRAs: Neither party will make any claim against the other's pension, retirement funds, or IRA, if any. 8. REAL ESTATE A) The marital residence of the parties located at 4228 Carlisle Road, Gardners, Pennsylvania 17324 is presently occupied by the HUSBAND and has been occupied by him since the date of separation. HUSBAND has been and agrees to be solely responsible for payment of all real estate taxes, insurance, and utility payments and will continue to do so. HUSBAND wishes to continue to reside in the home and has secured approval for a mortgage to refinance the existing mortgage and line of credit loan in the names of both parties. WIFE agrees to sign a deed conveying title to HUSBAND. Said deed will be held in escrow by WIFE's attorney and released at time of settlement. The refinancing will remove WIFE's name as responsible party on aforementioned two obligations. 9. SPOUSAL SUPPORT/ALIMONY: Neither party has or will make claim for spousal support and/or alimony. 10. SUPPORT FOR THE CHILDREN: Support for Jacob Eugene Gutshall, age 3, is established under a support action filed by WIFE in Cumberland County to Docket Number 9 S 2005, P ACSES No. 305107033 as amended. Support for Tyler William Gutshall will be determined after paternity tests are completed. 11. CUSTODY OF THE CHTLDREN: Custody of Jacob Eugene Gutshall is presently governed by an order of June 24, 2005 by Judge Oler entered to No. 2005-91 in the Court of Common Pleas of Cumberland County, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound. WITNESS BY: COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK Kevin Gutshall. Plaintiff SS On this, the ;20 day of f-u't ' 2005, betore me the undersigned officer. a Notary Puhlic. in and for said Commonwealth and County, Personally appeared Kevin Gutshall, know to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that he executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and ( My Commission Expires: Notarial Seal Leslie K. Neidig, No\aJY Public Werring\CO Twp. VOl\< CounlY Wrf ~ EJqliree Feb. 4, 2007 Member. porreyivan\3 i\ssodotiO<' Of NoIarlel ~ ~ ~ (;"1 \ ..p Q <;;. .t__... "1)l1'} ~\:\\ ~'/-:.- ~-1..;,:,. ":2'. ~,~:--~ 'Z.e' ./:;:.1...-1 7<;;- :z ~ ~:11 ~, <:''l"..6- /< "" 1:5 ,J<\ ~ ::4 ...., ~ ..- .- 6' - Kevin Gutshall : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNA. : VS. NO. 2005-91 : Jillian Gutshall CIVIL ACTION - LAW Defendant : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (3301 (c)) xJiK:XUxxilcUmu of the Divol:ce Code. (strike out inapplicable section.) 2. Date and manner of service of the complaint: sent certified, restricted deli very and delivered nnon the Dpfpnib:mt on 1 /1 iJ./OS 3. (Complete either paragraph (a) or (b).) (a) required by -,-. Date of execution of the affidavit of consent Section 330l(c) of the Divorce Code: by plaintiff 7/2f,/OS ; by defendant 7/?O/OS (b) (1) Date of execution of the plaintiff's affidavit required by Section 330l(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant; 4. Related claims pending: none. Copy of Marriage Settlement Agreement on filp.. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 330l(d)(1)(i) of the Divorce Code. 6. Date file praecipe the decree is Code of Notice of Intent and manner of service of the notice of intention to to transmit record, a copy of which is attached, if to be entered under section 330l(c) of the Divorce , or, date of execution of waiver p- 7/26/05 D- 7/20/05 and dat:e of filing of waiver 7;' 6/05 d laintiff/xm~~~~ s s.. -ac;: r-POi Z'-'X~ 2h']~: -::~ .~;;. l..._ \,~_ "':P..", ~~~......, 'P-C z =< ~ ~ en ()'l ~ ~ n1pl -0 \:9 -O.,L qC> :'L:f{ (J7') ~"''''rn o ~ ~ ~ - Cf! r:- -' :f.'t:1f.:+::f.:+::Ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'Of Of. Of:+ +++++++:+:+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of '" Of ++ . ... +++++:+:++++'f++++++:f.+'f+++++'f. 'f+'f+:+::++.+:f.:f.+:f.:+:+'+ :f.:+di:f.+ +:f.+:+::+::f. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Kevin Gutshall No. 2005-91 VERSUS Ji";~n Gyt~hall DECREE IN DIVORCE AND NOW, f.lV60 <,.t , IT IS ORDERED AND 2005 \'1 DECREED THAT Kevin Gutshall , PLAINTIFF, AND Jillian Gutshall , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A of C'tM~ PROTHONOTARY - ... ~' .. 'f + + Of.:f.:+::+. H' + Of + 'I':f.:Ii +; '+':Ii:+' "';t +. 'f.;f+:+:'l' :+:+'+''f+'+'+'t++'f++'f.'f H Of.;t;:+ 't' + 'H . J. ~l jP f ~ ~'" Y?7. f.} ,~& ~~'l'fJ.fU'y.$ '7'~/ ,?p 7I'~ '7-- rv . ~ ." .,,' (1\- ~ .' ~ ,-" . ... t ~ KEVIN GUTSHALL, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005-91 CIVIL TERM JILLIAN GUTSHALL, Defendant : CIVIL ACTION - AT LAW : CUSTODY PFIITTON TO F.NTF.R STTPTl1.ATTON AS AN ORnF.R OF C'OTlRT AND NOW, come the parties, Kevin Gutshall and Jillian Gutshall, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Kevin Gutshall (the Father hereinafter) and Jillian Gutshall (the Mother hereinafter), are the natural parents of Tyler William Gutshall, born May 7, 2005 (the child hereinafter); and WHEREAS, the parties wish to enter into an agreement relative to legal and physical custody of the child; and WHEREAS, both parties have been provided an opportunity to review the Agreement with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1.eglllllnd PhY';"1I1 C'1I.tody Mother shall have sole legal and physical custody ofthe child. Effe"t on Prior Order. This Agreement shall not supercede or modify any pre-existing Orders regarding the parties' other child, Jacob Eugene Gutshall, born November 8, 2001. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court, hereby set their hands and seals and the date of their aCknO~~6i;e 'j. ../' /..-- f / -'1/' K' .~/'/ Kf~~ ~utshall ~~, Lh+l',~ ~) lll1i- ~ 1 ,'1LYJ-WJt / Jillian Gutshall I 1 0ifz'/: Date -:I \:xl L~\ ,1 ~ :..:.\ .-.c, ,..., = L:;",:::> U..... o '1l -,-, r:: co , :-j i'~l?g :::'\J '-r" -.; r" o CO ':i, '):..u : :-,.~ ("'1 ,Y'['l ~~.::! ~~_I -< .'-: ~ , KEVIN GUTSHALL, Plaintiff H. B lJ 8 2006 Y y~! : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 2005-91 CIVIL TERM JILLIAN GUTSHALL, Defendant : CIVIL ACTION - AT LAW : CUSTODY ORnFR OF C:OlJRT AND NOW, this --.ilL day of i=( L , 2006, upon consideration of the within Petition to Enter Stipulation as an Order of Court which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Petition is hereby granted and its contents are hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. BY THE COURT: J (U-tf& ~~ ~ t..;J lO w..... o r;D G.J u_ u_ o ~_C\ C~J c;:~ <'" LAW OFFICES OF PETER J. RUSSO, P.c. SCOTT A. STEIN, ESQUIRE PA Supreme Court ill: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Defendant KEVIN GUTSHALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-91 CIVIL TERM JILLIAN McGOUGH (GUTSHALL), Defendant CIVIL ACTION - LAW CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Defendant, by and through her attorney, Law Offices of Peter 1. Russo, P.c., Scott A. Stein, Esquire, files the within Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Petitioner is mother, Jillian McGough, who resides at 741 Lewisberry Road, Lewisberry, Pennsylvania 17339. 2. Respondent is father, Kevin Gutshall, who resides at 4228 Carlisle Road, Gardners, Pennsylvania 17324. 3. The parties hereto are the parents of the following minor child who currently resides at 741 Lewisberry Road, Lewisberry, Pennsylvania: Jacob E. Gutshall D.O.B.: 11/8/2001 Age: 5 yrs. 2 mos. 4. On February 14,2005, the Court, in an order signed by the Honorable J. Wesley Oler, Jr., entered a Temporary Order of Custody, granting the parties shared legal and physical custody of the subject minor child following a custody conciliation and pending a custody evaluation to be completed. A true and correct copy of this Order is marked as Exhibit "A," and attached hereto, and made part thereof. 5. The respondent decided following the custody conciliation to not pursue a custody evaluation due to concerns about costs. 6. The best interests and permanent welfare of the child will be served by a modification of the Court's Temporary Order for the following reasons: a. The child will soon be of school age and will need to have a primary residence for school attendance. b. Mother has a stable work history. c. Minor child has a biological brother who is in the custody of resides with Mother and minor child would benefit from residing in and growing up in the same home together as his sibling. b. Mother is most capable of providing a loving, caring, structured envirOlID1ent for the parties' child. 7. It is uncertain whether plaintiff currently has counsel in this matter and counsel for defendant/petitioner could not obtain the concurrence of counsel in this matter. \\THEREFORE, Petitioner respectfully requests that this Honorable Court modify its Temporary Order granting primary physical custody of the subject minor child to Petitioner with partial periods of custody for Respondent/Father. Respectfully submitted, Law Offices of Peter 1. Russo, P.C. ""l (, , 1"-' Date: ~).. ,,) ! (, ( By: L 0' /~ ..,~.,- _ --C. '.)....th (,-. _ /A'7 Scott A. Stein, Esquire Attorney ill No. 81738 3800 Market Street Camp Hill, PA 17011 Attorney for Petitioner/Defendant VERIFICATION I; Jillian McGough, hereby swear and affirm that the facts in the forgoing Petition for Modification of Order of Custody are true and correct to the best of my knowledge, information, and belief and is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn talsification to authorities. U'-"l'tn. (A.\.\""!. Jlp-zl Lr7 '~t KEVIN GUTSHALL, Plaintiff : IN THE COURT OF COl\IMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2005-91 CIVIL TERl\I JILLIAN GUTSHALL, Defendant : CIVIL ACTION - LAW : IN CUSTODY TEMPORARY ORDER OF COURT AND NOW, this ---1Y1! day of F;;:.b. , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin Gutshall, and the Mother, Jillian Gutshall, shall have shared legal custody of Jacob Eugene Gutshall, born November 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. J The parties shall share physical custody on a week on/week off basis. The exchange day shall be Fridays at times agreed by the parties. During the custodial parent's week of physical custody, the non-custodial parent shall have physical custody of the child Tuesday overnight. The child shall be returned to the custodial parent's babysitter on Wednesday morning. In the event that Mother's work schedule is such that it will interfere with her weekend period of custody, Father shall switch weekends with Ivlother from Friday to Sunday at times agreed by the parties. 3. In the event that either parent is in need of a babysitter for more than three hours, they shall contact the non-custodial parent and offer said opportunity to the non- custodial parent. Notice shall been made as soon as the custodial parent is a\vare of the need for babysitting. 4. Custody exchanges shall occur at the child's day care when possible. Transportation shall be shared. The receiving parent shall transport except on \Vednesday morning, as noted in paragraph 2 above. 5. The parties shall cooperate in a custody evaluation to be paid for by Father by an evaluator agreed to by the parties. Once the evaluator is selected, Father must arrange for payment of the retainer within one week. EXHIBIT A 6. The parties shall schedule participation in a seminar for separating parents at Inner\Vorks or a program similar to the one conducted by Dauphin County within thirty days of this Order. 7. The parties shall share the Easter holiday, with Mother having custody from 9:00 a.m. to 3 :00 p.m. and Father having custody from 3 :00 p.m. to 9:00 p.m. 8. Mother shall have custody of the child on Mother's Day and Father shall have custody of the child on Father's Day. 9. The parties shall notify the other immediately of medical emergencies that arise while the child is in that parent's care. 10. 1'-Jcither party shall do or say anything or permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. I 1. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tem1S of this Order shall control. Either party may contact the Conciliator to schedule another conciliation conference once the custody evaluation has been received. BY THE COURT, J5t-J 1{~IJ (()9.~~J ,:1,. cc: Jane Alexander, Esquire, Counsel for Father Jeanne Costopoulos, Esquire, Counsel for Mother . I , ~ , KEVIN GUTSHALL, Plaintiff : IN THE COURT OF COMMOl\ PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-91 CIVIL TERM JILLIAN GUTSHALL, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE \VITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDU RE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTL Y IN CCSTODY OF Jacob Eugene Gutshall November 8, 2001 shared 2. A Conciliation Conference 'vvas held in this matter on February 10, 2005, 'vvith the following individuals in attendance: The Father, Kevin Gutshall. \\-ith his counsel, Jane Alexander. Esquire, and Mother, Jillian Gutshall. with her counsel, Jeanne Costopoulos, Esquire. 3. Although Mother did not agree to the shared physical custody provisions of the recommended Order, she was willing to abide by them pending the results ofa custody evaluation. 4. The Conciliator recommends an Order in the fornl as attached. .;;2-10-0:;- Date l I acql ine M. Verney, Esquire Custody Conciliator '0- """,- ~~" KEVIN GUTSHALL PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-91 CIVIL ACTION LAW JILLlAN MCGOUGH (GUTSHALL) DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 08,2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at._.___~.th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 03, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esq. Custody Conciliator lftL The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . .~ ~ jp --:- ~ 46)' (O'/,N.' ~ ~ ~ ~t4 L.o-hl- r ~ fp 2 ~ ~ -~ LO'I;!.E o I : II 111 tlV~! LOOZ - 3Hl :10 :l8l~:!C)~-Cj::jllj y ~PR O. 2007 ~ KEVIN GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-91 CIVIL TERM JILLIAN GUTSHALL, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this --'ill day of ~ ~ ' 2007, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Orders of Court dated February 14,2005 and June 24,2005 are hereby vacated. 2. The Father, Kevin Gutshall, and the Mother, JilIian Gutshall, shall have shared legal custody of Jacob Eugene Gutshall, born November 8, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of23 Pa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other <;: ~ \.-- r, ~:5~;;'. 0:~ ~.""" ::"'::,-: r-: 'o_/i:------, i '-... .r--" r or: [1} 0_ -.:d L' , U-:C I- u.. o -:r (f. ~ ~ ~ ;~ L0 \ 0::: 0- ..a: ...-- = = ~ and with a view toward obtaining and following a harmonious policy in the child's best interest. 3. The parties shall share physical custody of the child on a week on/week off basis until August 3, 2007. 4. the child. Beginning August 3, 2007, Mother shall have primary physical custody of 5. Beginning August 3, 2007, Father shall have partial physical custody every first, third and fourth weekend on the month beginning Friday at 6:00 p.m. to Sunday at 6:00 p.m. and every Tuesday evening from 4:30 p.m. to 6:30 p.m. 6. Each party shall be entitled to two non-consecutive, uninterrupted weeks in the summer provided they give the other parent 30 days prior notice. The party requesting first shall have precedence other the other. The parents shall provide a telephone number and address where the child may be reached while on vacation. 7. Custody Exchanges: The parties shall continue to meet at the Giant Foods Store located in Dillsburg or at any other location agreed to by the parties. At exchanges, both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. 8. The holiday schedule, which shall take precedence over the regular schedule, shall be as follows: A. The parties shall alternate Easter and Thanksgiving on a yearly basis such that in odd years, Father shall have custody from 9:00 a.m. to 6:00 p.m. and Mother shall have custody in all even years. B. Christmas shall be divided into two segments A and B. Segment A shall run from Noon on December 24th until Noon on Christmas Day. Segment B shall run from Noon on Christmas Day until Noon on December 26. Father shall have segment A in all odd years and Segment B in all even years. Mother shall have segment B in all odd years and segment A in all even years. 9. Mother shall have custody ofthe child on Mother's Day and Father shall have custody of the child on Father's Day. 10. The parties shall notify the other immediately of medical emergencies that arise while the child is in that parent's care. 11. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 12. For a period of twelve hours before and continuing through any period of custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use non-prescribed controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 13. The child shall not be exposed to second-hand smoke in vehicles or indoor confined spaces. 14. The parties shall alternate claiming the child as a dependent for income tax purposes with Mother claiming the child in all even years, and Father claiming the child in all odd years. 15. The present support order shall remain in effect. 16. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 17. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. W. sley Oler, J . c# A. Stein, Esquire, Counsel for Mother /:fane Alexander, Esquire, Counsel for Father KEVIN GUTSHALL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-91 CIVIL TERM JILLIAN GUTSHALL, Defendant : CIVIL ACTION - LA W : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob Eugene Gutshall November 8, 2001 shared 2. A Conciliation Conference was held in this matter on April 3, 2007, with the following individuals in attendance: the Mother, Jillian Gutshall, with her counsel, Scott A. Stein, Esquire and the Father, Kevin Gutshall, pro se. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated February 14,2005 and June 24, 2005 providing for shared legal and shared physical custody on a week on/week off basis. 4. The parties agreed to an Order in the form as attached. t-/ - 3 "0 -, Date acq ine M. Verney, Esquire Custody Conciliator KEVIN GUTSHALL PLAINTIFF V. JILLIAN GUTSHALL (NOW WITMER) DEFENDANT . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI+A Mr G Z? ? 2005-91 CIVIL ACTION LAW Ersr ,! -lp 3 IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 01, 2012 , upon consideration of the attached Compl; it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the c at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 28, 2012 at 9 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dis if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a ten order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueEne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Aml with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 x . C'?aCe' gSQ Telephone (717) 249-3166 ?a?Yve /one /rl, detn ey, ?s? , ciliator, i AM or ed /he KEVIN GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO.OS-0091 CIVIL JILLIAN GUTSHALL, Defendant ORDER AND NOW, this'tj' ` day of September, 2012, the above-captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, /-~ /~ Hess, P. J. 1/. The Honorable J. Wesley Oler, Jr. t~ John Glace, Esquire 1 E. Main Street Shiremanstown, PA 17011 For the Plaintiff v Jillian Gutshall, Pro se 741 Lewisberry Road Lewisberry, PA 17339 Defendant :rlm ~P ~ ~,~ ~ r ~PG~ 9 /?/J a ~~ n ~ ~ ; r_ti ~+ e -m3 r..a --~ mom. .9 `~,n~ v~ ~ ~ rg. , ~x ~, KEVIN GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :2005-91 CIVIL TERM JILLIAN GUTSHALL :CIVIL ACTION -LAW (NOW WITHER) Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of _~ , 2012, upon consideration of the attached Custody Conciliatio eport, it is ordered and directed as follows: The prior Order of Court dated April 4, 2007 is hereby vacated. 2. The Father, Kevin Gutshall, and the Mother, Jillian Gutshall, now Witmer, shall have shared legal custody of Jacob Eugene Gutshall, born November 8, 2001. Each pazent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regazding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each pazent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other pazent. To the extent one pazent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other pazent. Both pazents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as pazents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cazds. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurriculaz activities, children's parties, musical presentations, back-to-school nights, and the like. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towazd obtaining and following a harmonious policy in the child's best interest. Mother shall contact the child's school and request psychological testing for the child as soon as possible. 3. During the school yeaz, Mother shall have primary physical custody of the child. 4. During the school yeaz, Father shall have partial physical custody every weekend of the month, except the second weekend, which shall be Mother's. The weekends are defined as Friday at 3:30 p.m. to Sunday at 5:00 p.m. 5. During the summer, the parties shall share physical custody of the child with each having five weeks per summer, not more than two weeks consecutive. The parties shall decide which weeks in the summer by May 1 of each year. 6. Custod E~ xchanges: Father shall pick up the child from school on Friday and the parties shall meet at the Shoemaker gas station in Dillsburg on Sundays. At exchanges, both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence or earshot of the child and, to the extent possible, shall prevent third parties from making such comments in the presence or earshot of the child. 7. The holiday schedule, which shall take precedence over the regular schedule, shall be as follows: A. The parties shall alternate Easter and Thanksgiving on a yearly basis such that in odd years, Father shall have custody from 9:00 a.m. to 6:00 p.m. and Mother shall have custody in all even yeazs. B. Christmas shall be divided into two segments A and B. Segment A shall run from Noon on December 24th until Noon on Christmas Day. Segment B shall run from Noon on Christmas Day until Noon on December 26. Father shall have segment A in all odd yeazs and Segment B in all even yeazs. Mother shall have segment B in all odd years and segment A in all even years. 8. Mother shall have custody of the child on Mother's Day and Father shall have custody of the child on Father's Day. 9. The parties shall notify the other immediately of medical emergencies that arise while the child is in that parent's care. 10. Neither party shall do or say anything or permit a third party to do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 11. For a period of twelve hours before and continuing through any period of custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use non-prescribed controlled substances whatsoever. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 12. The child shall not be exposed to second-hand smoke in vehicles or indoor confined spaces. 13. The parties shall alternate claiming the child as a dependent for income tax purposes with Mother claiming the child in all even years, and Father claiming the child in all odd years. 14. The parties shall have reasonable telephone contact with the child but not more than one time per day. 15. The Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 16. Custody matters shall not be discussed with the child. 17. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 18. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation conference is scheduled for November 6, 2012 at 9:30 a.m. cc John Glace, Esquire, Counsel for Father / Sean Potter, Esquire, Counsel for Mother /~ BY THE COURT, ~, cab ~r~`~S,J. ~ ~_ „~ r"J -<~'' ~- ~_ ~' ---t _.,- -a ..~ -a 3 W N r_:~ -ra ~ ~7 rn ~ ~_ cad ~~_ -at~r^ ~' -~; KEVIN GUTSHALL, : IN THE COURT OF COMMON FLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :2005-91 CIVIL TERM JILLIAN GUTSHALL :CIVIL ACTION -LAW (NOW WITHER) Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob Eugene Gutshall November 8, 2001 Mother 2. A Conciliation Conference was held in this matter on April 3, 2007, with the following individuals in attendance: the Father, Kevin Gutshall, with his counsel, John Glace, Esquire and the Mother, Jillian Gutshall, now Witmer, with her counsel, Sean Potter, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated Apri14, 2007 providing for shared legal custody, Mother having primary physical custody and Father having three weekends per month. 4. The parties agreed to an Order in the form as attached. ~ ~~8-i v Date ~"L ac line M. Verney, Esquire Custody Conciliator a~~ KEVIN GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-91 CIVIL ACTION -LAW JILLIAN GUTSHALL (NOW WITMER) Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~_ day of W avc ~,~ ~) , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 7, 2012 shall remain in full force and effect with the following additions. 2. The parties shall cooperate with therapeutic family counseling which shall be scheduled as soon as possible. The parties shall sign all necessary consents. 3. No physical discipline will be used toward the child. 4. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for February 5, 2013 at 8:30 a.m. BY THE COURT, C..i~ cc John Glace, Esquire, Counsel for Father Sean Potter, Esquire, Counsel for Mother ABP, es bra, /~ i~/3~a ~ . ~~~t<~ ~ Z ~. 7r ~ J. N N O N ~~ w ~~ ~' ~ zo ~ ~,. ~ .. t ^.( x "n ~~ ~~`' ~~ --~~ ~~ ~~ {~~,., --i .-~.-.~ KEVIN GUTSHALL, Plaintiff V. JILLIAN GUTSHALL (NOW WITMER) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-91 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jacob Eugene Gutshall November 8, 2001 Mother 2. A Conciliation Conference was held in this matter on November 6, 2012, with the following individuals in attendance: the Father, Kevin Gutshall, with his counsel, John Glace, Esquire and the Mother, Jillian Gutshall, now Witmer, with her counsel, Sean Potter, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated September 7, 2012 providing for shared legal custody, Mother having primary physical custody during the school year and Father having three weekends per month. The parties share physical custody in the summer. 4. The parties agreed to an Order in the form as attached. ~:._ ~ Z- :~,~.. iX-~.~~....~ Date `~ acq dine M. Verney, Esquire Custody Conciliator F,NLE0-0.x-P! OF THE T O, 2013 MAY 1.5 AM 10' 26 CUMBERLAND COUNTY PENNSYLVA- 1A IN THE COURT OF COMMON PLEAS, KEVIN GUTSHALL, CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA No. 2005-91 V. JILLIAN GUTSHALL, . (now WITMER), Defendant CIVIL ACTION- CUSTODY To the Judges of Said Court: Motion for Special Relief AND NOW, this l day of MAY, 2013 comes KEP7N GUTSHALL, Plaintiff above named, by and through his attorney,John M. Glace,Esquire, and,pursuant to Pa R.C.P. 1915.13, respectfully moves this Honorable Court to grant her Special Relief as herein requested and, in support thereof, avers the following: I. Plaintiff KEVIN GUTSHALL is an adult individual who resides 4228 Carlisle Road , Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant JILLIAN then GUTSHALL now WITMER is an adult individual, ex-wife of Plaintiff and currently married to Jared Witmer with whom she resides at 741 Lewisberry Road,Lewisberry,York County,Pennsylvania. 17339. 3. The parties are the natural parents of mother of Jacob E. Gutshall( November 8, 2001) . There is an extant Custody Order as docketed above wherein inter°aka there is shared legal custody and primary custody during school year with Defendant. The most recent Court Order and Conciliation Report are attached hereto in the aggregate as Exhibit "A" and made part thereof. 4. Defendant resides with minor child, her husband, and three younger children including an infant. 5. On May 11, 2013 Defendant called Fairview Township Police and complained that the eleven year old minor child was assaultive. No action was taken nor was Plaintiff directly contacted. Plaintiff learned of this several days later and contacted the responding officer who found the eleven year old minor child locked outside of the residence. 6. The responding officer termed the living conditions "deplorable" as to cleanliness and clutter. 7. The eleven year old minor child has been exposed to a continuing pattern of threats to place him into juvenile placement by Defendant and her husband. 8. The eleven year old minor child has reported to Plaintiff that he has been physically assaulted on several occasions by Defendant's husband. 9. Defendant has ostensibly for punishment refused to allow to attend youth baseball teams. Additionally it is believed that Defendant does not want the minor child to attend such games because Plaintiff and his family members attend, 10. Minor child by Defendant's account is being sent to a counselor. Defendant contends that Plaintiff has not signed his consent and so he will not be included. Plaintiff never received any consent as described in the attached Conciliator report. Further Plaintiff has seen no actual proof that their has been a counselor appointment; especially in light of his non-participation vis-a-vis the shared legal custody. 10 It is not in the best interests of the minor child to be in the primary custody of the Defendant until such time as Defendant/mother can provide a safe residence and an integrated and nurturing environment without violence and threat of violence. 11. Minor child reports a continuing pattern of verbal abuse, threats and demeaning comments by Defendant and her husband. His demeanor around Defendant and her husband is substantially different than when separated. He presents as a depressed and withdrawn individual when in Defendant's presence. WHEREFORE, above Plaintiff KEVIN GUTSIIALL respectfully moves this Honorable Court to grant here the following Special Relief: 1. That Plaintiff be granted primary physical custody ;and 2. That a full custody assessment be prepared for presentation to the court;and 3. That minor attend counseling as needed and released only upon the recommendation of an independent professional; and 4. That this Honorable Court may impose any other relief deemed reasonable and necessary. Respectfully Submitted, The Law Office of John M. Glace JohnN. ace, Esquire Supre ourt ID: 23933 1 Eas .Main Street Shiremanstown, PA 17011 (717) 238-5515 Attorney for Plaintiff Exhibit "A " KEVIN GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2005-91 CIVIL ACTION LAW JILLIAN GUTSHALL , (NOW WITMER) , Defendant : IN CUSTODY` ORDER OF COURT AND NOW, this j ` `, day of T- 2013 upon consideration of the attached Custody.Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated September 7, 2012 and November 9, 2012 shall remain in full.force and effect. 2. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions.of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. BY THE COURT, J t,e /c J. cc: John Glace, Esquire, Counsel for Father Sean Potter, Esquire, Counsel for Mother .-� r y ( r J _- C T�!JE COPY FROM RECORD -' in Te=stimony whereof, I hereunto set my hand arx the seal of said Court al Carlisle, Pa. This_� day of G, 20.2 i /J, Prothonotary. KEVIN GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : 2005-91 CIVIL ACTION -LAW JILLIAN GUTSHALL (NOWWITMER) Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler,-Jr.,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8,the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation,is as follows: NAME DATE OF BIRT14 CURRENTLY IN CUSTODY OF Jacob Eugene Gutshall November 8,2001 Mother 2. A Conciliation Conference was held in this matter on February 5,2013, with the following individuals in attendance: the Mother,Jillian Gutshall, now Witmer, with her counsel, Sean Potter, Esquire. The Father, Kevin Gutshall, and his counsel,John Glace, Esquire did not attend. 3. The Honorable J. Wesley Oler, Jr.previously entered Orders of Court dated September 7, 2012 and November 9,2012 providing for shared legal custody, Mother having primary physical custody during the school year and Father having three weekends per month with the parties sharing physical custody in the summer. The parties were to participate in therapeutic family counseling and sign all necessary consents. Mother reported that Father has not signed the necessary consents 4. Mother requested an Order in the form as attached. Date Aacq4eline M. Verney,Esquire Custody Conciliator VERMCATION I verify that the statements made in the foregoing Emergency Complaint n Custody are true and correct to the best of my understanding and belief I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unsworn falsification to authorities. Date: 155- /� n J. Gutshall CERTIFICATE OF SERVICE I HEREBY CERTIFY that this I55day of May,2013 I have served a true an correct copy of the foregoing Motion for Special Relief by first class mail, postage pre- paid, upon: Sean Potter, Esquire 15 East Main Street New Bloomfield, PA 17068 Counsel for Defendant The Law Office of John M. Glace Ie, squire ID: 23933 Street wn, PA 17011 (717) 238-5515 G IN THE COURT of COMMON PLEAS, CUMBERLAND COUNTY, KEVIN GUTSHALL, PENNSYLVANIA Plaintiff V. No. 2005-91 JILLIAN GUTSHALL, (now WITMER),Defendant CIVIL ACTION- CUSTODY ORDER of COURT AND NOW, this day of May, 2013,upon due consideration of the attached Motion for Special Relief, it is hereby ORDERED and DECREED that, pursuant to Pa R.C.P. 1915.13 a hearing be scheduled in Courtroom d%— of the Cumberland Count 57 Courthouse, 1 Courthouse Square, Carlisle,Pennsylvania on the t� day of jt 1&�, 2013;, at 4: C) ,�I�1. If the Defendant or Respondent should fail to appear at this Hearting, the Hearing may proceed in accordance with Pa.R.C.P. 1915.4(b). BY THE COURT: By: ` S ,J. D' tribution: lo in M. Glace, Esquire 1 East Main Street, Shiremanstown,PA 17011 �- ean Potter, Esquire, 15 East Main Street, New Bloomfield,PA 17068 Court Administrator, Civil ' ' �/ t a �-1 t i PR -Ot'IM ICE 1 = !Ii MONO ,1�'' Sean Potter, Esquire i: Law Office of Sean Potter, PC 2'0 j? # _5 PH 3: 14 15 East Main St. P.O. Box 121 CUMBERLAND COUNTY New Bloomfield, PA 17068 PENNSYLVANIA Attorney for Defendant 717.582.0400 Jillian Witmer KEVIN GUTSHALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION IN LAW/CUSTODY JILLIAN GUTSHALL (now WITMER), Defendant No. 2005-91 ANSWER TO MOTION FOR SPECIAL RELIEF AND NEW MATTER AND NOW, comes Defendant, Jillian Witmer, through her Attorney, Sean A. Potter, and files this answer to Plaintiff's Motion for Special Relief and New Matter and states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. As the infant's biological parents are Defendant ("Mother") and her husband, the infant is the half-sibling of Child. 5. Admitted in part and denied in part. Mother admits calling police because of Child's behavior. Mother admits the police took no action. Mother admits she did not immediately inform Father of the occurrence. Mother denies Child was locked out of the residence. Mother and child were both outside the residence; Mother on the porch and Child in the driveway. 6. Mother does not know what the officer may have told Father. Mother is unaware of the basis of any opinion by the officer because neither of the responding officers entered the residence. Mother and the officers had a conversation on the back porch. 7. Denied. Neither Mother nor her husband have threatened Child with placement in a juvenile facility. Over a year ago, a crisis worker at Holy Spirit Hospital recommended Child be admitted to a mental health facility. 8. Denied. Mother's husband did come to her aid before the police arrived. In April of 2012, Child falsely accused Mother's husband of assaulting him. 9. Admitted in part and denied in part. Mother did forbid Child's attendance at 2 baseball games as a punishment of last resort and for no other reason. 10.Admitted in part and denied in part. Child is in counseling with the knowledge and permission of Father. Indeed, this Court ordered the parties to cooperate in such counseling in its Order of Court dated November 9, 2012. (A copy of this Order of Court is attached to and made a part of this filing as Exhibit 'W'). Furthermore, with the exception of the April 24, 2013 appointment, Mother has always emailed Father the dates and times of the counseling appointments. Father has chosen not to attend any of the appointments. 11.(2nd paragraph 10 of Father's Petition.) Denied. Mother provides Child a safe, nurturing home environment and does not use or condone the use of violence or threats of violence against Child. 12.(Paragraph 12 of Father's Petition.) Mother does not know what Child may have told Father. The remainder of the allegations are opinions and do not require a response. To the extent an answer is necessary; Mother does not know what Child's demeanor is when he is with Father, separated from her presence. Mother questions how Father could observe Child's demeanor when Child is in the custody of Mother and separate from Father. WHEREFORE, Defendant Jillian Witmer, respectfully requests this Honorable Court deny Plaintiffs requests for relief contained within the Motion for Special Relief, order Father to sign the consent forms necessary for Child to obtain counseling or mental health treatment, and further order Father to participate in future therapeutic counseling sessions. NEW MATTER 13. Paragraphs 1 through 12 are incorporated as if realleged. 14.Father has willfully disobeyed the November 9, 2012 Order of Court in that he has not cooperated in therapeutic family counseling and has, instead, chosen not to attend counseling sessions. 15. Father has willfully disobeyed the Order of Court by failing to sign consents necessary for Child to participate in additional counseling or to undergo psychological or psychiatric evaluations. WHEREFORE, Defendant Jillian Witmer, respectfully requests this Honorable Court deny Plaintiffs requests for relief contained within the Motion for Special Relief, order Father to sign the consent forms necessary for Child to obtain counseling or mental health treatment, and further order Father to participate in future therapeutic counseling sessions. Respectfully submitted, Sean Potter Supreme Court ID No. 92102 20 S. Carlisle Street P.O. Box 121 New Bloomfield, PA 17068 Phone: 717.582.0400 Fax: 717.582.0401 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Answer to Motion for Special Relief and New Matter are true and correct to the best of my knowledge information and belief. This verification is signed by Sean A. Potter, Esquire, Attorney for Defendant and is based upon the statements provided by Defendant, as well as documents reviewed by the undersigned as attorney for Defendant. This verification will be substituted and ratified by a verification signed by Defendant. I understand that false statements herein are made subject to penalties of 18 Pa.C.S § 4904, relating to unsworn falsifications to authorities. Dated: s .3 2-0 Sean A. Potter, Esquire KEVIN GUTSHALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JILLIAN GUTSHALL WITMER, NO. 2005 —0091 CIVIL TERM Defendant ORDER OF COURT AND NOW,this day of JUNE, 2013,upon relation of Plaintiff's counsel, John M. Glace, Esquire, that he has a conflict with respect to the hearing on Plaintiff's Motion for Special Relief scheduled for this date, and that Defendant's counsel, Sean Potter, Esquire,has been notified of the conflict and has no objection to a continuance of the hearing,the hearing in this matter is rescheduled for TUESDAY,JUNE 25,2013, at 9:30 a.m. in Courtroom# 3. By the Court, `e /Wesley O , Jr., S. . � John M. Glace, Esquire 1 East Main Street Shiremanstown, Pa. 17011 Sean Potter, Esquire c 15 East Main Street rn� New Bloomfield, Pa. 17068 zM ' -t> CO � r""= --4:sld -4 c3 x=rz I F—T t LCL ZZ 5 KEVIN GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 2005-91 JILLIAN GUTSHALL, : CIVIL ACTION - CUSTODY (now WITMER) Defendant : IN RE: MOTION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 25th day of June, 2013, upon consideration of Plaintiff ' s Motion for Special Relief and following a hearing, the record is declared closed and the matter is taken under advisement . Counsel are requested to contact the Court within one week of today' s date to advise as to whether the parties are able to finance a psychiatric evaluation of the child at issue in the immediate future and, in the alternative, how quickly an insured psychiatric evaluation can be arranged. By the Court, s J. le ey Oi!er, r. , J. " John M. Glace, Esquire Fo; the Plaintiff Sean Potter, Esquire For the Defendant :mlc -03 G'' - ...., rnal l'ES Mat > N� c CD 4. x03